38 CFR 14.809 - Demands or requests in legal proceedings for records protected by confidentiality statutes.

§ 14.809 Demands or requests in legal proceedings for records protected by confidentiality statutes.

In addition to complying with the requirements of §§ 14.800 through 14.810, requests or demands in legal proceedings for the production of records, or for testimony of VA employees concerning information, protected by the Privacy Act, 5 U.S.C. 552a, or other confidentiality statutes, such as 38 U.S.C. 5701, 5705 and 7332, must satisfy the requirements for disclosure imposed by those statutes, and implementing regulations, such as 38 CFR 1.511, before the records may be provided or testimony given. Accordingly, the responsible VA official may first determine whether there is legal authority to provide the testimony or records sought under applicable confidentiality statutes before applying §§ 14.800 through 14.810. Where an applicable confidentiality statute mandates disclosure, §§ 14.800 through 14.810 will not apply.

(Authority: 38 U.S.C. 501 (a) and (b); 5 U.S.C. 301)

Title 38 published on 2015-12-03

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR Part 14 after this date.

  • 2017-02-21; vol. 82 # 33 - Tuesday, February 21, 2017
    1. 82 FR 11151 - Recognition of Tribal Organizations for Representation of VA Claimants; Delay of Effective Date
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule; delay of effective date.
      The effective date of the rule that published on January 19, 2017, at 82 FR 6265, is delayed until March 21, 2017.
      38 CFR Part 14